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Hi All,


I believe I am in the exact same predicament as most on here from what I've read so far. I received a letter regarding a PCN which I was told to ignore. I now know that was a big mistake. However, it was for parking somewhere I've never parked so I'm very confused (I went to check where it was). I have received a Claim form from the County Court Business Centre. I have registered with the MCOL website but I don't know whether I should start an AOS or start a defence.


Yes I have read the Newbies Thread but its just so much and so confusing. I'm sorry I just don't know much of anything.:( I am feeling very overwhelmed and feel like I should just pay the fine.


Can someone please offer any advice.


Thanks in advance.
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Comments

  • Le_Kirk
    Le_Kirk Posts: 24,674 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Post # 2 of the Newbies tells you what to do in a step-by-step walkthrough and the first thing is the AoS as that buys you an extra 14 days to compile your defence.

    https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What is the Date of Issue on the Claim Form?

    Can you please post the exact text in the Particulars of Claim box on the Claim Form?
  • The date of issue on the claim for is 27 Sep 2018. I have registered on the MCOL website however, the website is now not recognising my claim number or password so unable to proceed forward.


    Particulars of Claim


    The Claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the claimant in respect of a PCN issued on 16/03/2017 (Issue Date) etc. along with the address of the alleged PCN and care details.
  • Umkomaas
    Umkomaas Posts: 43,427 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Which parking company - depending which one is involved, the strategy for dealing with their claim might be different? Unless we know, you'll be getting advice based on supposition, which might not be best possible advice.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Do not expect to understand the position in a few days, it took me weeks.

    What you will quickly realise is that this is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
    for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
  • It's Parking Awareness Services and their legal representatives are BW Legal Services Limited.


    When I try to enter my claim number and password on the MCOL website, it says:


    The following errors have occurred:

    1. Claim number or password is incorrect.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The date of issue on the claim for is 27 Sep 2018.
    With a Claim Issue Date of 27th September, you have until Tuesday 16th October to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

    Having done the AoS, you then have until 4pm on Tuesday 30th October 2018 to file your Defence.

    That's over three weeks away. Plenty of time to produce a top class Defence.


    When you are happy with the content, your Defence should be filed via email as described here:

    1) Print your Defence.
    2) Sign it and date it.
    3) Scan the signed document back in and save it as a pdf.
    4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
    5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
    6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
    7) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.
  • Umkomaas
    Umkomaas Posts: 43,427 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Ive started the AoS and writing my defence now. Can anyone please advise what should be included in this defence? Don't want to include irrelevant or unnecessary things.


    Thank you all, I appreciate all the help and advice received here.:)
  • I know an email address was given above to where the defence should be emailed, however do I also upload it to the MCOL website?
This discussion has been closed.
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